AyerHoffman, LLP | Cara Lee Thompson
If you agree on all terms, then you can certainly file a joint petition. However, if you do not agree, then it may be best for you to file. Although the plaintiff petitioner ultimately does not obtain that much control over the proceedings, it does allow you some control at the beginning, and certainly allows you to get the first stab at the facts.
Answer Applies to: Massachusetts
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
It does not matter which one of you files first as the court does not make any decisions based upon who files. Wisconsin is a no fault divorce, so whoever files is merely requesting the court to divorce the couple. If you have not already done so, you should have a consultation with an attorney to determine what the issues are in your case and how they are likely to be resolved.
Answer Applies to: Wisconsin
Alfred Law Firm | Janice Alfred
It really does not matter who files. If you both agree to everything you can be divorced 31 days after filing depending on the county. I do suggest that one of you consults with an attorney to help you draft the petition and Settlement Agreement so that all relevant issues can be addressed.
Answer Applies to: Georgia
Attorney & Counselor at Law | John Hugger
First, I would always recommend a marriage encounter weekend to try to save your marriage, if you care to try to save it. Marriage Encounter Worldwide is a nondenominational non-profit organization that affiliates with churches to hold weekend sessions. Next, it should not make a difference as to who actually files, but some attorneys believe that it is better to be the petitioning party. I would certainly consult with an attorney before filing, especially if there are minor children (or child) from the marriage.
Answer Applies to: Colorado
Law Offices of Steven A. Hemmat | Steven A. Hemmat
There is not a significant advantage of filing first; however on rare occasions the filing party can have the matter dismissed as a matter of right. Speak with an experienced attorney for more information.
Answer Applies to: Washington
Fox Law Firm LLC | Tina Fox
It really doesn't matter who files for divorce. If you are both in agreement of divorcing you should sit down together and also agree on other matters, such as who will get what (i.e. vehicles, custody of the children, if applicable, joint or sole custody). Any time you can go to your attorney with agreements in place it saves your attorney time, and ultimately save you money.
Answer Applies to: Illinois
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
In Washington state, there are some tactical advantages to being the party who has filed the case in the event of litigation. If all matters are agreed (i.e., an uncontested divorce) ,then it makes no difference who files.
Answer Applies to: Washington
Odin, Feldman & Pittleman, P.C. | Richard A. Gray
It depends on the case. I prefer to represent the Plaintiff in a litigated case simply because the Plaintiff generally gets to present his or her case first if it is a contested case; forcing the other side to sit through your entire case before they get a chance to offer much rebuttal testimony.
Answer Applies to: Virginia
Michael Apicella | Apicella Law and Mediation
In California, there is no advantage or disadvantage regarding who files for divorce. I.e. the "petitioner" has no superior rights over the "respondent," and vice versa, simply by reason of filing the divorce petition. If you need further assistance, it's best to hire a local family law lawyer to learn your rights and how best to manage your divorce.
Answer Applies to: California